We have always heard that Rosenbarger and Malysz, both, started drawing their retirement benefits after their respective dates of 11/30/08 (Rosenbarger) and 9/10/07 (Malysz). Then, we heard others had done the same. Unfortunately, there is a loophole in the law which allows this to happen.
Anyways...
And, as usual, you can't read it with the eye, unless you enlarge this with a photocopier. The following represents what this document states:
EXECUTIVE ORDER
VACATION DAYS
2009-01
By the authority vested in me as Mayor of the City of New Albany, Indiana, it is hereby ordered and directed as follows:
Section1, Vacation Pay
There has been a precedent set in recent years to award service time to City employees rehired after leaving the employ of the city for various reasons.
The following persons will be awarded their credible service years to be applied to them as set forth in the personnel policy for non-bargaining employees in Section V, Paragraph B, Vacations:
Carl E. Malysz - April 28, 1975 through November 8, 2002; June 11, 2007 through September 10, 2007, and rehired on January 1, 2008 for a total of 28 years and awarded four weeks vacation.
John Rosenbarger - November 17, 1975 through November 30, 2008 and rehired on January 1, 2009 for a total of 33 years and awarded four weeks vacation.
Kathy Wilkerson - December 1, 1972 through August 15, 1975; December 1, 1975 through September 1, 2008 and rehired on October 1, 2008 for a total of 35 years and awarded four weeks vacation.
Pat Linck - January 1, 1971 through September 1, 1974; January 1, 1992 through December 31, 1999 and rehired on January 1, 2004 for a total of 17 years and awarded four weeks vacation.
This Executive Order shall be retroactive to January 1, 2008.
Ordered by:
Douglas B. England, Mayor
City of New Albany, Indiana
Dated: 2-6-09
77 comments:
OMG! Are these employees still getting big vacation checks after a break in service? What is Gahan going to do about these employees?
I recommend you call the controllers office NO one is there but Heather. Is this the way Gahan runs our city?
Are these Executive Orders legal?
I'm a 10 yr plus employee of the city at the City-County bldg. This is blatantly discriminatory against the rest of us that have been there all this time. As a current employee of the city employee with 12 years of service, how can they be rewarded through a executive order to have their time reinstated when it states int he employee handbook that you have to start all over. Is this not a case of discrimination to the rest of us?
Gahan should risind this.
The State replies to the issues of whether the Executive Orders are legal stating "No mayor may make an Executive Order which benefits himself or others". End quote.
Yes, it would be and is 12:57. If that's in the Employee Handbook, the EEOC would hang them.
Ordinance 2012-Executive Orders
There has been a precedent set in past years for the Mayor to issue Executive Orders for items (e.g. pay raises, vacations, health insurance and god only knows what else) that are for the personal benefit of select former and present City employees. Whereas these Executive Orders have not been presented to the Common Council or maintained on file for public access.
By the powers vested in the Common Council of the City of New Albany, it is hereby ordered and directed that all Executive Orders issued by the Mayor of New Albany must be presented to the Common Council within 30 days PRIOR to the effective date of the Executive Order. Any Executive Order which is not presented to the Common Council 30 days PRIOR to the effective date will be invalid and unenforceable.
All enforceable Executive Orders shall be maintained in the office of the City Clerk and made available for public inspection.
This Ordinance shall be retroactive to January 1, 2008.
Ordered by:
Common Council
City of New Albany, Indiana
Sounds good. Can we add that all previous ones issued, such as the one posted, be rescinded.
You hit the nail on the head, though. it is legal. it may be a loophole, but it is legal.
Legal, maybe. Ethical? NO. This band of merry thieves ought to be horse whipped.
If you have a break in service as a city employee you go back to square one. So, Carl, John and Cindy you owe me several thousand dollars in over payment of your vacation pay.
Where's the money!!!!!!!
See, we told you all they were a bunch of crooks. Now eat your words.
I'm so glad we have people in this community who really care about the people of New Albany and are staying on task to uncover the TRUTH about how we're being soaked for MILLIONS of dollars by the Doug England/good ole boys and, I'm ashamed to say, the Floyd County Democratic Party. Please stick with this, CFA. We need you!
Crooks, crooks, crooks, they're all crooks. Shame on John, Cynthia and Carl you're stealing from all of us taxpayers.
Thank God for Citizens for Accountability and those who are working to uncover this nonsense. I wish more people with the power to DO something would step in and research/publish/prosecute these crooks.
Again, you can't prosecute what's legal. There's lots of stuff that's not ethical that is still legal. You can wail and gnash your teeth all day long, but the only recourse is through elections.
I kindly disagree with your comment about elections being the only recourse. Elections "seem" to be predetermined in this town. We elected Gahan and we intend to hold his feet to the fire and stop this crap now. No offense! (LOL)
Well, last night, guess who I happened to run into at the boat? They were partying and having a great time. Guess who? None other than Doug England and Carl Malysz. Together. Having a great time. Ole Dougie drove there in his brand-new Mercedes. Must be nice, rolling in all that dough.
Interesting how Malysz has supposedly become Gahan's pimp when he's clearly taking orders from none other than Douglas B. England.
It's hilarious how Gahan thinks he's being his own man. Except that it's disgusting.
ROFLMFAO.
Hey, they've gotta spend the money somewhere. Maybe it will help the County get more money out of Caesar's Foundation. Though, you gotta wonder why he couldn't afford his and his wife's health insurance.
More power to them.
Gahan should rescind these too and make them pay us back. It's time for everyone to see the truth how our city is ran.
Gahan needs establishing requirements Take home Vehicle Policy and procedures instead of who the mole is.
This is better than Wikileaks. Great job CFA glad someone has some balls to take these corrupt b**tards on.
Thank You Kitchen Table you folks are great too.
On Jan. 20 Mayor Gahan rejected England's executive order and stated "I wanted to do the right thing and make everyone equal." HE can damn well do another executive re-decision and fix this mess. How about it Gahan.
Jeff Gahan is bein run by Doug England and doesn't even know it. He and England, for all public appearances, hate each other. England has certainly been more than open about hating Gahan. I've heard him snorting about him not knowing what he's doing, etc., etc. But, I can see that England is likely calling the shots for the most part, and I also think that Gahan has no idea.
It looks like the only way we can get rid of the crooks stealing money is taking a hard approach and getting the law involved.
Also, you can count me as one who would rather see England make his money by gambling at the boat instead of bilking New Albanians. Let him gamble it away or make it big. I don't care. But he needs to stop skimming the cream off the top. I think he's still doing it.
england and carl worthless at Horshoe partying together, wonder if they were trolling for hookers like the old days when ole dougie had private parties in the mayors office, oh thats right gahan has the keys officially to that office but i bet doug has a set of his own.
what about gutless gahan were you partying at the mayors gentlemans club with the boys?
They're all crooks and should be investigated.
The word precedent is used in all of these Executive Orders. Questions start popping up - like how long has this been going on and under what admin's? Only England's?
According to the law library online, the following is the definition for precedent:
Library › Law & Legal Issues
In other words precedent can be defined as "an already decided decision which furnishes the basis for later cases involving similar facts and issues." ...
What about the fact my employee handbook states service stops once you leave as an employee? I don't understand.
Look, these thieves did and do whatever they want whenever they want and however they want. They spend more time thinking of how to get money and hide it from public scrutiny. The other thing they've done is to intimidate as many people as they can so people won't look into it. They do it indirectly. Why else do you think Baylor never puts any of this on his blog? He's worried about not getting the goodies and, I daresay, he's concerned about the invisible physical attack that could happen. A lot of us know way more than England wishes we did, even those of us across the river.
Thank God we have our local citizen grouping on their trail.
You say Rog should put it on his blog, but you also say no one reads his blog, and you think everyone reads this one. Why, then, should he put it on his blog. For no one to read?
If you really want to know how many employees got their accrued time back you might have to ask for a form to fill out requesting to see all the city employees dates. I know for a fact that there are more than you are stating here. ALL previous employees that left and returned got it. This only meant that they were allowed for previous time of employment. Their seniority date should have been adjusted and did not allow them for the time they were not employed. Only the previous time employed was added to the current time and those were added together to come up with the total amount of time in order to figure vacation days. This total time as employees of the city would also coincide with what the State Public Employers Retirement Fund has. There was a time that if you retired for 30 days you could start drawing you PERF pension and then could come back and it was as if this employee never left, with the exception of them not having any sick or personal days available, only their 20 vacation days.
I haven't said that no one reads Baylor's blog. I think people check out a variety of blogs including NA Confidential. Those who grouse about Baylor's blog also grouse about other things. And, yes, I think Baylor's probably afraid to tackle something as complex as England's chronic treachery. It's easier for him to call people names and make bombastic accusations over some small non-offense. Much easier.
Thanks, 5:07. Good info. We are aware there are others, simply a matter of getting our hands on the document. We'll try and check the dates as you suggested! Again, thanks.
Gahan needs to stop worrying about who is leaking info he needs to do his job and clean up this mess. Now we find out he's now part of the problem. He says one thing in public and something else behind doors.
Ok. Again, for the umpteenth time. This was legal. Unethical...and I knew of it at the time, and thought it unethical then too. But, the fact remains that it is legal. You cannot prosecute or get the law involved on merely 'unethical'. Find the things that are illegal, because those are the only ones you have the power to act on.
Unethical things being done MIGHT indicate illegal things being done. So, what's the big deal about doing an investigation? It ought to be done, everything out in the open. You know, that over-used words that keeps being mentioned in regard to candidates and politicians: TRANSPARENCY. I'd say we could use a little of that around here.
I think investigation needs to start today. Why wait? Why warn the crooks to hide their deeds even better?
As for Baylor's blog not mentioning England, I agree that he's yellow on that subject. He's not man enough to say what he writes on his blog to your face and he's not man enough to investigate when it needs doing. That's why you can count me as one who does NOT read his blog.
We the People of the City of New Albany will NOT be bullied and we will NOT be silenced. We are here to fight for the citizens and our democratic principals.
Citizens For Accountability
Here comes another stormwater rate increase.
Hey Mr. McLaughlin (Mr. under the radar) I hear you sold your vote for a job for your son with the new Gahan administration.
Shame on you.
McLaughlin's a joke. Surely you've all figured that out by now.
McLauglin is not only a joke but a liar
Here's the real problem. McLaughlin's a WIMP. So is Gahan. That's the whole reason in a nutshell you've got Douglas B. England calling the shots. England is strong. McLaughlin and Gahan are not. What do you think is going to happen? Duh.
Now, is England as strong as he thinks? No. He's a bully and a sneak. He can be stopped by a forensic audit. This would get him under the radar of the law.
Of course, he's had the habit of keeping the police close and the lawyers closer. Hard to think any legal action against England wouldn't break down somewhere, meaning he probably got away with his little slush fund addiction. That leaves all the little people who quietly do his bidding in the City-County Building. We need to brave up and start saying NO. But will it work? Probably not.
Gahan, we are still waiting to see who you pick for the major's position on the fire department. It's march and still nothing! It's not even your right to pick the major, but since you think it is, what's it going to be? Who you trying to please, what favor are you trying to pay back? For God sake, man up and do whats right, for once!
8:48 you are wrong. Those executive order are illegal. Just ask Charlie Pride at the State Board of Accounts. Why do you thin he has given his approval on looking at NA's books.
I tried to ask Charlie Pride about that, but he just looked at me and started singing that I've got to "kiss an angel good morning." I'm not sure what he was talking about there. Do you think it was some kind of coded message?
Maybe he was making an ironic reference to our mayor as the "angel," and letting us know via code-speak that he's going to be getting "kissed" with a big audit in the morning.
how do you sleep at night gahan, dougie and pat ex councilman
Gahan needs to worry less about signs in the right of way then getting his ass busy rescinding these executive orders. Your robbing us blind Mr. Gahan.
Stick them signs up your a** Gahan we want our money back!
McLaughlin son is getting a job!!!! Is his son a wimp like him?
Who ended up with the Batallion job?
Another mistake made by Gahan putting someone in who doesn't have the qualifications.
Had to comment on the pat thing. Anybody read the article about him giving credit to Blair . Well go to some council meetings pat will not be able to make a decision as usual without Blair this term. Sit back and watch
I see Mickey Thompson is now sitting on the Board of Works. So WTF is going on?
Democrats have been courting Blair ever since the Republican's stupid leader Matthews ditched him. McLaughlin is a wimp and that's consistent from the beginning.
City corruption has been in New Albany Politics for a long time. You all are crying for an investigation but it wont happen. Every administration since Regina Overton has had skeletons. A bunch during the James Garner term and the same thing happens every time. A lot of whining and moaniing on blogs and internet sites, but then nothing ever happens. Sounds like you people have to much time on your hands. But some of this stuff is good entertainment.
Well, Roger, you lazy moron, I'm so guh-LAD you're entertained. You think you have so much power. Why don't you use it to make something happen around here instead of whining about all your jealousies and fussing about things that don't really matter? You waste so much of your time and ours.
baylors too busy drinking beer and pretending that he's still in college he reminds me of the artist wannabe crowd on both sides of the river, right thrasher and company? what a bunch of bums
6:50 am - maybe, maybe not. Dems and Pubs are lining up together and when the next protest goes down in front of the City-County Bldg., you'll know about it.
That's the only way we can see things may ever change.
Dems and Pubs together? Can't be the Central Committee on either side! LOL Not the party chairs, either. Both of those guys are the stupidest, most pig-headed, angriest pair of polar opposites I've ever seen.
As for Baylor, I remember a time when he was relevant. He has rendered himself irrelevant. If he wants to pretend to be in college, why doesn't he just go over to one of those communist countries and sign on up?
Let us all know when you decide to march. Count me in too!
Gravity head is dead and gone.
Baylor's now motto: 'what's in it for me, an only me?'
How do you like all that change Gahan promised you folks.
Ha!Ha!
His day is coming. We put him in office we can take him out. That's how the Democrat Party works.
Doggonit - wait until you see Shane's "new" contract. Gee. KT, are you going to publish it? Thanks.
ole chicken shit gahan gonna show his corrupt face at the council meeting?
reason gahan kept mickey thompson is because that portland thug will beat up anybody who calls gahan out publicly, the john mattingly mafia is alive and well with gahan's goons
Thank you CFA for getting the council to pass the vote for an AUDIT 9-0. Glad you got your hands on those Executive Orders. Keep-em comin'
Anyone got a copy of Gibson's contract?
Chicken shit wasn't there, but the guy who was promise to be on two paid boards was. Guess who?
Praise the Lord we finally got an AUDIT.
Yes, we finally got an audit. They'd better get in here fast and furious.
As for that firing that's happening this morning, for once I agree with Roger. I agree that Mike Ladd's done a crappy job. He's inept and bumbling, to say the least. But the way they're going about their lynching is nasty.
Looks like it's business as usual downtown.
This audit is a victory for the little people of New Albany. But remember, we're still fighting the war.
Mike Ladd got what he deserved. Baylor is next.
U damn right. Thank you KT and CFA for fighting for us all.
did you order the code red gahan, you damn right I did. you people want the truth, you cant handle the truth next time you critisize the way I run this city I suggest you stand a post. book him counsel, mr gahan you have the right to remain silent, anything you say can and will be used against you in a court of law
You people are crazy. Get a life. Do somrthing and quit writing nonsense.
Is Baylor employed by the city ?????
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